Sat. Jul 31st, 2021

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Legislation on H-1B Visas Introduced in US Congress

2 min read
Suspension of Biometric Screening

Three American lawmakers have introduced H-1B Visa legislation in the House of Representatives that prevents employers from recruiting foreign H-1B workers if they have recently or plan to, furlough their US workers and requires employers to pay their H-1B workers more than their American workers.

Introduced by Republican Congressmen Mo Brooks, Matt Gaetz, and Lance Gooden the American Jobs First Act proposes to upgrade the H-1B visa program by making necessary changes in the Immigration and Nationality Act.

According to the content of the bill released on Wednesday. A foreign guest worker may not be admitted or given status as an H-1B nonimmigrant in an occupational classification. Unless the petitioner employer has filed with the Secretary of Labor an application. Expressing the employer is offering a yearly payment to the H-1B nonimmigrant that is the greater of the yearly pay that was paid to the US citizen or lawful permanent resident employee who did identical or similar work during the 2 years before the petitioner employer filed such application; or USD 110.

Also, the petitioner’s employer needs to file with the Secretary of Labor an application. Expressing the employer won’t need an H-1B nonimmigrant to pay a penalty for ceasing employment with the petitioner employer before the date agreed to by the H-1B nonimmigrant and the petitioner employer.

H-1B Visa Legislation Introduced in US Congress

The bill has been referred to the Committee on the Judiciary. And in addition to the Committee on Education and Labor among other things suspends the F-1 OPT program. Which grants all foreign students extendable work permits and exacerbates the job market competition among American graduates.

It ends the diversity visa lottery program, which the administrators affirmed neglects to serve US interests. By giving 50,000 green cards to foreigners from around the world regardless of their qualifications. Given that the Democrats have a majority in the House of Representatives, the bill has little chance to be passed.

“My American Jobs First Act will bring much-needed change and oversight to the H-1B visa program. To guarantee that US workers are no longer disadvantaged in their own country,” Brooks said.

[US allows foreign STEM Students more flexibility under Optional Training Program]

“To end the appeal of cheap foreign labor, the bill will require employers to pay any H-1B workers a minimum amount of USD 110,000,” he said.

“And to stop American worker replacement, my bill will require organizations seeking for H-1B labor. To not have fired any American workers for at least two years without just cause and commit to not firing any workers without just cause for two years after. Commonsense H-1B reform measures like these. Alongside ending the unfair Optional Practical Training (OPT) and diversity visa lottery programs. All serve to promote American interests when it comes to immigration,” Brooks said.

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